OPG Investigation advice

[Jon77]

Hi All,

I am hoping someone can give some advice. Our grandfather is in a care home and his son has LPA on property and finance only. We have become increasingly concerned over his "loans" of our grandfathers money to the grandchildren he has even said a figure of £40k. When we questioned the LPA about this (as we are also his grandchildren but have not received any such loans nor would we want to as it is our grandfathers money and nobody else's) he got quite defensive and just said his head isn't with him and he can't think straight. We have had many other similar interactions which I won't go into as honestly there's not enough time in the day to list it all.
After a lot of deliberating we decided to report the LPA to the OPG. We sent a very detailed email with dates of concerns we had which we can back up with messages off the LPA, letters, copy of new services like the internet and sky being set up at our grandfathers property (he is 95 and has never even used a computer in his life) etc. Anyway we have had a response 2 weeks ago that after some consideration the OPG are going to make further enquiries. We are pleased that someone who doesn't know us has taken our concerns seriously. We were starting to wonder if we were over thinking it all. We have yet to know if the LPA has been contacted by the OPG, does anyone know how long it will take before they do contact him? And do you know what the further enquiries will be? At the end of the day all we really want is for the OPG to ask for bank statements as we honestly believe there will be some eye opening expenditures on there that are not of benefit to our grandfather at all. Our grandfather has been diagnosed with early onset dementia but when we go and visit him in the care home he's great, laughing, chatting, reminiscing about old times but whenever the LPA (his son) visits he tells us our grandfather is talking nonsense and is aggressive and rude at times, something we have never witnessed.
We don't know what the LPA's intentions are but the more we see and hear the less we trust him and I am hoping for a positive outcome in all this. At the end of the day our grandfather means the world to us and too see his son, who our grandfather trusts and has no idea about any of the things that are going on, taking advantage is quite sickening.
If anyone else is going through this I would really like to hear from you with any advice you have, many thanks
Jon

 

[SAP]

Hi @Jon77 welcome. No personal experiences of this but I know others have been in similar situations. It happens too often sadly. I hope the OPG worth things out for your grandad.

 

[nitram]

For info

SD8: Office of the Public Guardian safeguarding policy (web version)

www.gov.uk

 

[LouiseW]

The OPG will undertake a very detailed investigation over the next 3-6months going into all aspects of your Grandfathers finances with the person you reported (who will be very busy because there are 15 pages of questions) and every penny that has been spent over the period in question will have to be accounted for with an explanation of why the expenditure was in the best interests of the donor your Grandfather.

They will also send a medical professional to interview your Grandfather.

Once all the evidence has been recieved, they will decide if the POA was acting in the best interests of the donor or if they were not.

At this point they will contact you to let you know their findings.

If an abuse has been found they will apply to the Court of Protection to have the POA removed and a Court Appointed Deputy will be put in their place.

 

[nitram]

If an abuse has been found they will apply to the Court of Protection to have the POA removed and a Court Appointed Deputy will be put in their place.

Do you know what, if anything, will be done regarding recovery of funds?

 

[LouiseW]

Do you know what, if anything, will be done regarding recovery of funds?

I don't, it would be up to a Court of Protection Judge the Court of Protection are concerned with making right the situation or if criminal activity has been found it would go to the police for investigation.

 

[nitram]

I don't, it would be up to a Court of Protection Judge the Court of Protection are concerned with making right the situation or if criminal activity has been found it would go to the police for investigation.

Thanks, that was my thinking a well.
There's also a potential deprivation of assets.

 

[Jon77]

Thanks Louise for your reply. So will the LPA not be contacted until 3-6 months by the OPG until they have done what they can? That would be worrying as the LPA has just sold my grandfathers house and is now talking of putting the money into a high interest account, where we would have thought it should stay in my grandfathers bank for his ongoing care as it is his money.

 

[nitram]

the LPA has just sold my grandfathers house and is now talking of putting the money into a high interest account,

The conveyancing solicitor will only put the proceeds into an account in grandfather's name (or son - LPA grandfather)
Son will have to account for its use to OPG

 

[LouiseW]

Thanks Louise for your reply. So will the LPA not be contacted until 3-6 months by the OPG until they have done what they can? That would be worrying as the LPA has just sold my grandfathers house and is now talking of putting the money into a high interest account, where we would have thought it should stay in my grandfathers bank for his ongoing care as it is his money.

Hi - the OPG will write to the LPA really early on in the investigation requesting shed loads of information from them as they are the ones who have been managing the Donors finances .

They may (or may not) also get the bank to freeze your Grandfathers bank account until they have ruled.

 

[Jon77]

Ok thank you everyone for your comments, it has helped. It's just a constant worry. As you said Nitram, it certainly does seem like a deprivation of assets. Our grandfather has worked hard all his life so he should want for nothing, it's unbelievable and very sad if what we think is going with the LPA (who we would have trusted our lives with at one point) is doing what we think he is. He also seems to be admitting that he's been using the donors money for himself which makes a mockery out of it all.
It's out of our hands now I guess, we will wait to see what the OPG finds out.
Thank you everyone